House Bill hb0025

    Florida House of Representatives - 2001                  HB 25

        By Representative Crow






  1                      A bill to be entitled

  2         An act relating to offenses against children;

  3         amending s. 787.025, F.S.; revising provisions

  4         to prohibit certain previously convicted

  5         offenders from intentionally luring or

  6         enticing, or attempting to lure or entice, a

  7         child under age 15 into a structure, dwelling,

  8         or conveyance without consent of parent or

  9         legal guardian; providing penalties; providing

10         an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (2) and (3) of section 787.025,

15  Florida Statutes, are amended to read:

16         787.025  Luring or enticing a child.--

17         (2)(a)  A person over the age of 18 who, having been

18  previously convicted of a violation of chapter 794 or s.

19  800.04, or a violation of a similar law of another

20  jurisdiction, intentionally lures or entices, or attempts to

21  lure or entice, a child under the age of 15 12 into a

22  structure, dwelling, or conveyance without the consent of the

23  child's parent or legal guardian for other than a lawful

24  purpose commits a felony of the third degree, punishable as

25  provided in s. 775.082, s. 775.083, or s. 775.084.

26         (b)  For purposes of this section, the luring or

27  enticing, or attempted luring or enticing, of a child under

28  the age of 12 into a structure, dwelling, or conveyance

29  without the consent of the child's parent or legal guardian

30  shall be prima facie evidence of other than a lawful purpose.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                  HB 25

    568-172-01






  1         (3)  It is an affirmative defense to a prosecution

  2  under this section that:

  3         (a)  The person reasonably believed that his or her

  4  action was necessary to prevent the child from being seriously

  5  injured.

  6         (b)  The person lured or enticed, or attempted to lure

  7  or entice, the child under the age of 12 into a structure,

  8  dwelling, or conveyance for a lawful purpose.

  9         (b)(c)  The person's actions were reasonable under the

10  circumstances and the defendant did not have any intent to

11  harm the health, safety, or welfare of the child.

12         Section 2.  This act shall take effect July 1, 2001.

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15                          HOUSE SUMMARY

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      Prohibits certain previously convicted offenders from
17    intentionally luring or enticing, or attempting to lure
      or entice, a child under age 15 into a structure,
18    dwelling, or conveyance without consent of parent or
      legal guardian. Provides penalties.
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CODING: Words stricken are deletions; words underlined are additions.